Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28577
THIRD DIVISION Docket No. SG-28395
90-3-88-3-188
The Third Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Southern
Pacific Transportation Company (SPTC(WL)):
Claim on behalf of B. J. Maxey for payment of all lost wages and benefits, from October 7 throug
current Signalmen's Agreement, as amended, particularly Rule 59, when it found
him guilty of alleged rule violation." Carrier file SIG-LA-86-M."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
During the afternoon of October 6, 1986, Claimant, a Signal Maintainer with sixteen years of ser
stock rail at a switch near Los Nietos, California. As Claimant was reinstalling the front rod to th
did not report the injury to the appropriate Carrier official because the pain
was faint and he wanted to finish the job (so traffic could travel over the
switch). Claimant's back pain became progressively worse so that by the next
morning, he could hardly get out of bed. He told the Assistant Signal Supervisor about the injury at
The Carrier presented substantial evidence at the October 22, 1986 Investigation that Claimant f
Form 1 Award No. 28577
Page 2 Docket No. SG-28395
90-3-88-3-188
investigate the accident to mitigate its liability exposure, to allow the
Carrier to correct any hazardous condition, and to prevent the employee from
continuing to perform service when his duties might aggravate his condition.
Third Division Award 25162. The rule applies to minor as well as major
injuries. In this case, Claimant fully realized that he had injured himself
while working on the switch. He should not have resorted to self-help by
making his own judgment on whether or not his injury was severe enough to
warrant medical treatment. By continuing to work, Claimant may have exacerbated his back muscle pull
While the Carrier proved that Claimant violated Rule E, this Board
will reduce the suspension from twenty-five days to five days for two reasons.
First, Claimant has accumulated sixteen years of service. Second, the Carrier
also charged Claimant with violating Rule 607, yet the record does not contain
any evidence that Claimant carelessly executed his duties or otherwise caused
his own injury.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 16th day of October 1990.